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CAPITANO v. STATE

No. 2 CA-CV 93-0113.

178 Ariz. 599 (1993)

875 P.2d 832

Joseph CAPITANO, Plaintiff/Appellee, v. STATE of Arizona, and the Arizona Department of Corrections, a political subdivision thereof, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied December 16, 1993.

Review Denied July 6, 1994.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Redhair by Dwight M. Whitley, Jr., Tucson, for plaintiff/appellee.

Gust Rosenfeld by Steven M. Guttell, Phoenix, for defendants/appellants.

OPINION

ESPINOSA, Presiding Judge.

The State of Arizona appeals a decision in favor of appellee Joseph Capitano who, in December 1990, sued the Arizona Department of Corrections (ADOC) for handicap discrimination in violation of the Arizona Civil Rights Act (ACRA), A.R.S. § 41-1461 et seq., and "the United States and Arizona constitutions and statutes."

Absent clear error, our review on appeal is bound by the trial court's findings of fact...

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